Paul Clement: Navigating Supreme Court Advocacy and Complex Cases

Attorney Paul Clement has established himself as a leading advocate at the U.S. Supreme Court. With 129 arguments before the justices, he is known for his prolific output. Clement, a former solicitor general during the George W. Bush administration, defined a successful advocate as one who can secure five of the nine justices’ votes for their client. In his career, he has achieved numerous victories and has frequently challenged actions by the White House.

While Clement has often stood against the executive branch’s actions, he still supports a strong executive branch overall. He expressed this stance at a conference by the National Review magazine, emphasizing that a strong presidency does not mean unchecked power. Clement’s efforts included attempts to overturn President Obama’s health care law, though he experienced a notable defeat. However, his achievements in other areas include influencing decisions on partisan gerrymandering and reducing court deference to federal agencies.

One controversial aspect of Clement’s career involves his defense of gun rights. His work in this area eventually led him and his partner Erin Murphy to form their own firm, Clement and Murphy, after their previous firm pressured them to drop Second Amendment cases. This decision highlights their commitment to unpopular causes.

New Challenges in Legal Advocacy

Clement and Murphy now find themselves representing law firms against executive orders from President Trump. These orders targeted law firms hiring attorneys who previously investigated Trump, revoking their security clearances. Clement challenged these orders before the D.C. Circuit appeals court, arguing they infringed on freedom of expression and hindered legal representation.

During the proceedings, when Clement emphasized his support for a robust executive branch, Judge Neomi Rao, a Trump appointee, responded skeptically. This exchange drew interest from the audience, though Clement maintained his stance.

Notable Legal Victories

Despite the absence of a ruling on the law firm case, Clement has secured significant wins against Trump’s administration in other matters. Examples include preventing the removal of Federal Reserve Board member Lisa Cook and defending a Maryland federal district court against immigration detention orders.

Clement could have been considered for the Supreme Court under Trump’s administration, but his legal battles involving Trump targets make this unlikely now. He clarified his intent to challenge executive overreach, regardless of the administration in power.

Currently, Clement is preparing to argue a case that doesn’t involve the White House. This case concerns a 1988 law protecting consumer privacy in video rentals. Clement argues that recent legal interpretations of this law have stretched beyond its original scope.